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jmward01yesterday at 8:22 PM4 repliesview on HN

At this point I think we can clearly see that the interpretation of our laws is extremely partisan at the moment, to the point that what exact text says is basically irrelevant. The broader issue here is a massive, completely unchecked, power grab that is -deeply- troubling. Our checks and balances, are failing us and this is another sign of their deterioration.


Replies

rayineryesterday at 8:51 PM

> I think we can clearly see that the interpretation of our laws is extremely partisan at the moment, to the point that what exact text says is basically irrelevant

By “at the moment,” you mean “in the 1930s when the Supreme Court bent over backward to uphold FDD’s administrative state, right?” When they effectively overruled the Supreme Court’s 1926 decision in Myers v. United States, right?

Because the text of the constitution says this: “The executive Power shall be vested in a President of the United States of America.” Show me how you get from that to executive agencies exercising executive power independent of the President.

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CGMthrowawayyesterday at 8:46 PM

You may be right, but it may be more accurate to say checks and balances are shifting, not failing wholesale.

Judicial review of executive actions is stronger and more frequent than its ever been. Congressional power of the purse is secure. And the REINS Act (not yet passed) would require Congress to approve major agency rules before they take effect

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FuriouslyAdriftyesterday at 9:22 PM

Not really. Within the Court, the divide is primarily between originalists and pragmatists. This has been a fight going back a long time in legal theory. It had been dominated by pragmatists since the 1920s and the tide started to turn in the late 1980s. The current Court is dominated by originalists.

It has little to do with political parties even though originalist thought is more aligned with conservative social and political thinking and pragmatists are more aligned with progressive thinking.

buellerbuelleryesterday at 8:44 PM

Yes, it seems as though a politically-aligned congress is ceding lots of its authority to the executive, while the SCOTUS is restraining the rest of the judiciary from checking the executive.

The shame of this is, it is in defiance of the design of the Founders, and will take a LONG time to correct, if we don't descent into authoritarianism before it is corrected.